House of Commons photo

Crucial Fact

  • His favourite word was tax.

Last in Parliament March 2011, as Liberal MP for Mississauga South (Ontario)

Lost his last election, in 2011, with 37% of the vote.

Statements in the House

Privilege November 29th, 2010

Mr. Speaker, those are the facts with regard to the five. I could only speculate about all other lobbyists and what their political affiliations, if any, might be. Procedure and House affairs may find that of interest.

However, I want to repeat probably the most important point I want the members to understand, and that is we have to try to look beyond the actual leak and find out why this happened and why it was not resolved in what a reasonable man would say would be the best possible way. It did not happen. We should know why.

Privilege November 29th, 2010

Mr. Speaker, the member is quite right. The finance committee over the years has earned a great deal of respect for its thoughtful consideration of the presentations from all sectors across the country. It is an important responsibility and I know all the members personally on the committee now. We have had some excellent sessions and learned quite a bit, as have others.

However, it comes down to we cannot report favourably or unfavourably on everybody. We have to pick and choose. That is an important responsibility. Because everyone knows this, that is why one of the first lobbyists who got the draft report in advance responded back to the person, “I love you”.

That speaks volumes about how important it is to someone to finally get that last edge to see if he or she can change the wording a bit, maybe get someone dropped off that would help. There are so many things that could happen, and it is already happening.

This is he sad thing. No one will believe this report if we cannot say that we had full unrestricted serious and thoughtful consideration of each and every report and we put down what we believed were the most important issues for the consideration of the finance minister.

Privilege November 29th, 2010

Mr. Speaker, the member is quite right. There has been a serious concern expressed about this. We understand that people take this process extremely seriously because it is their opportunity to communicate. They understand there are many priorities out there, but the assessment people make of those priorities and how reasonable their approach is to come. We have had people say that they do not want anything more. They want the status quo for now until we get our house in order. Others were asking for tens of millions of dollars for new initiatives.

It will be unfortunate if the views of those witnesses and the submissions we receive were given at least some consideration. We cannot comment on all 451, but we could bring some attention to those that we felt were worthy of further consideration by the Minister of Finance. That may not happen. That would be a disaster if it did not, but unfortunately it may have to be the reality this time around simply because there is very little chance it will be objectively handled at this time.

Privilege November 29th, 2010

Mr. Speaker, I am pleased to provide some input on the ruling of the Speaker and the motion of the hon. member for Outremont to refer this matter to the Standing Committee on Procedure and House Affairs.

I think that all hon. colleagues understand that this is a very serious issue, to the extent that the member for Outremont has indicated that he has been contacted by the so-called lobbyist with regard to why certain things may or may not have been in the report. I found the same thing. I can assure the House that all possibilities are still on the table with regard to the report of the committee.

As members know, the committee consulted broadly across the country. There were some 455 submissions and about 155 witnesses. All of those participants in the prebudget consultation have an important role to play in terms of making their so-called asks and justifying them before the committee. Obviously we are going to get probably $100 of asks for every $1 that would otherwise be available. That has usually been the case. Certainly it was my experience when I was on the finance committee a number of years ago.

The issue here is not to speculate; it is to find fact. That is the purpose of the referral to the procedure and House affairs committee.

I do not want to speculate but I am personally concerned that the finance committee report will never be issued, because this matter has taken up so much time. The deadline for issuing the report is December 3. It is going to be very difficult for the committee to do an objective job, to be able to present a cogent and thoughtful report for parliamentarians and for all Canadians to see where we have been in terms of leading up to this consultation, the kinds of input we received and the recommendations of the committee as a whole, and possibly some supplementary reports giving the recommendations of individuals or of other parties individually.

It is a very important responsibility and we will be judged by it. The quality of that report will be a significant indicator of the quality of the work of the finance committee and its members. The members take that very seriously. That is why this encroachment and violation of the committee's rights have been taken so seriously.

As a consequence of looking at this matter, when we look at the facts and the details, we would ask ourselves that if there were three leaks, and that is what was represented, anybody who is involved in something like this and understands how serious it is would ask if that was the extent of it. We would want that determined because we need to know what the dimensions of the problem are.

We then heard that there was a fourth and then a fifth. All of this happened at a time when people came forward to indicate that they were contacted finally after some four days. The question arises as to why those people were not contacted as the first course of action by any responsible party. That question has not been answered and the procedure and House affairs committee may be able to pursue it.

The parliamentary secretary to the government House leader has indicated that they took all possible steps. First of all, there was an apology in the House, and then there was, as I understand it, notification of the clerk of the committee.

I would challenge that that is all possible steps when a situation occurs. I was advised that the first step taken was that the matter was brought to the attention of the chief government whip. I do not know what the rules of the game are, but I understand that was the first step. I can only speculate that that step was taken to make sure that the party's position was well understood on how these matters are handled.

The understanding is, and it was confirmed to me by a member of the Conservative caucus on committee, that the whip's position was that it should be left up to the committee to deal with. That did not happen. The committee did not get it until later. The apology did not come until after the in camera meeting in which the committee first had an opportunity to consider this. We have to ask ourselves, the member found out on the Thursday, I think as people were going home, so there was no real opportunity, but we have an understanding that at the first opportunity matters should be brought before the House. The rule was considered important enough that steps could have been taken to have that done, either directly or indirectly, by the member.

There was also an opportunity all day on Monday, but it did not happen until after the finance committee meeting, where this matter was under full discussion with the members who were just finding out the details. I raise that simply as a matter of fact.

Then there is the issue of mitigating the damage. I would have thought that reasonable recommendation or protocol would have said that there should be a mitigation step taken. How can we make sure this does not happen further? How do we stop that machine that is processing things? It did not happen until the Monday when the in camera meeting was held. From Thursday to Monday there was no communication. I am wondering why the chief government whip did not think it was important for the lobbyists to be advised that they got the report by mistake, that there had been a mistake and they should not circulate it, that they should destroy all these things and confirm that they had done it. It is not a big deal and it did not happen for some period of time.

I am going to disagree with the Parliamentary Secretary to the Leader of the Government in the House of Commons that all possible steps were taken. In fact, they were not, and whatever steps were taken, were not taken expeditiously in the public interest and in the interest of Parliament. We should consider that.

I raise this because I do not think members should have to go to anybody to determine what is the appropriate course of action when there is an incident which may have breached the privileges of Parliament or been a matter of contempt of Parliament. There should not be a guessing game as to what are the steps. Members of the procedure and House affairs committee will have an opportunity to consider what happened, how it happened, why it happened and how we can make sure it never happens again. I would encourage them to do that.

There has been a suggestion that there may be a pattern. I wanted to look at this as objectively as I could. Then I heard there was a fourth. That fourth one came out and we were notified at the public meeting of the finance minister last Tuesday when he was before committee, and it was communicated to us that someone had voluntarily come forward and said they got this, et cetera.

We have to wonder whether there are any more. The parliamentary secretary said he contacted the information technology group to examine the hard drive or whatever and found that there is only five.

One of the things I found out was that the person who leaked the report, Mr. Russell Ullyatt, his common law spouse's name is Ashley Brambles. Ashley Brambles is a registered lobbyist and in fact represents and works for the Canadian Medical Association, which appeared before the finance committee on the prebudget consultations. The question about whether it was just five emails is one thing, but I do not know how far five emails flipped and how the pyramid started to grow.

Now we know there is a linked party, a close party who is a lobbyist and has an interest in this. We would have to find out whether or not yet another registered lobbyist had in fact found this out. It is not going to be good enough just to look at the computer. We have to look at some of the other facts and that would be one example.

There is another one which I found kind of interesting. Mr. Ullyatt is the owner of two companies. One of the companies is called Bestmail.ca. Bestmail.ca says the following under “About Us”:

Dedicating ourselves solely to political mailing and fundraising gives Bestmail.ca unique insight into the best practices within the political mail sphere. Having sent over 5 million pieces of mail in the last two years allows us to work with your organization....

In terms of number of employees, it says “n/a”, not applicable or not available.

Mr. Ullyatt has another company called RU Thinking. RU Thinking is the company that owns Bestmail.ca and is involved in similar matters.

I will be receiving a copy of a picture of a printing press which was in the corridor outside the office of the member in question. It is not a computer printer; I will find out what it was, but it appears to be a commercial printer. I also found out that the amount in the last business year of the materials and supplies expenses for the member's office seemed to be extraordinarily high relative to those of other hon. members. I will not go through the details, but it would raise some questions about what else was happening in the office. What was Mr. Russell Ullyatt doing in that office? What business was he transacting in that office? What people was he dealing with in that office? What was his job in that office?

We do not have the tools to do this, but the procedure and House affairs committee may. If Mr. Ullyatt was in fact conducting commercial businesses out of that office using commercial printers and House of Commons materials and supplies for these millions of pieces of communications going out, either electronically or otherwise, through a couple of companies, this lends some potential credibility to the idea that maybe there is much more to this than we know. Is this part of the culture? Is this part of the routine? Is this part of challenging the facts, switching the channel and blaming somebody else?

The member for South Surrey—White Rock—Cloverdale even demanded that I apologize for bringing to the attention of the House that there was a fourth email. He is on the finance committee. He was at the meeting when it was received and he knows it was at a public meeting with the finance minister with regard to the budget. It was a public meeting. He stood and said I should apologize because I leaked something that happened at an in camera meeting. That is not true. The subject matter of a leak occurred during an in camera meeting, but this particular information was elsewhere. He raised it. I got on my feet and said the member had his facts wrong, that I got the information, as did all other hon. members, on the day following.

Then the Parliamentary Secretary to the Leader of the Government in the House of Commons gets up twice and refers to that and says that the member refuses to apologize, even though I explained why it was not applicable to apologize for something that did not happen. Therefore, the government is continuing to try to switch the channel to try to put the blame elsewhere.

I have this feeling that there is much more going on here. I have this feeling that when a member has to go the government whip to get instructions on how to handle it and the government whip does not say the most important thing and mitigate the downside, fix it because it is a serious problem. I do not think he said that. I have a feeling the Standing Committee on Procedure and House Affairs will be able to determine those facts.

Public interest is the most important issue. We talk about the institutional importance, and the word “dysfunction” has been used often about this place. However, it started with a 200-page manual on how to disrupt committees in the House, which was made by the former House leader of the Conservative Party. It was applied time and time again, whether it be the in and out hearings by the Conservative Party, which had charges against it for laundering money during an election campaign, or on the whole issue of the violation of Access to Information Act by a staffer. The current House leader came to the House and said that government staffers were not responsible, that it was the minister who was responsible. I do not see them saying today that the minister or member is responsible for the actions of his or her people.

Now we have the government saying two things, depending on the circumstances. If it is going to be the victim, it certainly is going to say no, that this is the way it is going to be. I hope the procedure and House affairs committee will consider that we do need a protocol. We need to deal with things on an expedited basis. We really have to consider whether the Parliament of Canada and the public interest has to wait until the committee actually reports when there is an apparent breach of confidentiality or a contempt of Parliament. That is not in the best interests of Parliament or the public. We have to consider if we have a situation and a configuration at committee, where it is not possible for a consensus at a committee to issue a report, that a serious item that happened in committee may never come out. This is wrong.

I certainly support the motion of the member for Outremont to send this to procedure and House affairs. I do know it has an obligation to deal with it first before other business, but we have to convey to committee members, should this vote carry, that we have to find out what we can learn from this experience. We do not want this to be repeated. We want it to get out to absolutely everybody who has all kinds of interesting things going on that it is time to clean up their act. It is time for this place to clean up its act because we are in a profession that is not held in high esteem. This matter is not helping. I believe the appropriate step is to get it to the Standing Committee on Procedure and House Affairs so we can start down the road toward getting the House back into a position of being a profession held in high esteem.

Privilege November 29th, 2010

Mr. Speaker, the member has made a statement with regard to what he has been able to do in a very short period of time, but the representations were made that even the fourth document that was leaked turned out to have been sent one minute before the first three that we received but they were not found on the hard drive.

Did the member ask IT, or be advised by IT, whether the contents of the computer that was used and the account that I think was the surname of the hon. member and zero @parl.gc.ca was in fact altered, erased or otherwise changed so that it would not be visible to anyone actually looking at the computer when the matter first arose?

Privilege November 24th, 2010

Mr. Speaker, yesterday, after question period, the member for Outremont rose on a question of privilege concerning the leak of the finance committee's confidential draft report on its prebudget consultations. He also reported that the leak was by Mr. Russell Ullyatt the then employee of the member for Saskatoon—Rosetown—Biggar.

Also, yesterday at 6:23 p.m., after the presentations on the privilege issue were made, the clerk of the committee received another email from a Mr. Andy Gibbons, who has Conservative ties and is with the lobby firm of Hill & Knowlton. Today the clerk provided that copy of the email to the hon. members of the finance committee before our meeting started.

I bring this to the attention of the House and the Speaker for consideration of the question of privilege raised yesterday. It would appear the disclosure of now a fourth person is more than has been presented to the House with regard to how broad this has gone.

It appears this has gone much further than the House has been aware. As a consequence, I submit that information for the Speaker's consideration and I ask for the unanimous consent of the House to table the email from Mr. Gibbons to the clerk of the committee, in both official languages.

Points of Order November 24th, 2010

Mr. Speaker, yesterday in my presentation on the question of privilege raised by a member of the NDP, I did quote from one or two emails.

I would indicate to the hon. member, who is a member of the finance committee as well, that those emails were given to the committee members yesterday at the public meeting on the consideration of Bill C-47 when the Minister of Finance appeared.

That is where they were distributed to me. They were handed to me by the clerk. They were available on the table. The member has his facts all wrong.

Fighting Internet and Wireless Spam Act November 23rd, 2010

Madam Speaker, the member makes a very good point. I wish the bill had a requirement that we do a seniors and disabled persons analysis, just like we have a gender analysis for legislation.

It really is the most vulnerable who are at risk, the ones who do not understand or believe that it is their bank contacting them and asking them to call back or that they must buy this or buy that.

We are trying to deal with those who prey on the weakest in our society. I do not see that heart in the legislation but I believe there is room for us to continue to advocate for governments, when bringing forward bills, to ensure they anticipate that we are not just dealing with some inert issue like Internet emails. We are dealing with people, the impacts on those people and the cost to those people, which is taking away valuable dollars for the important programs and services that those people need.

Fighting Internet and Wireless Spam Act November 23rd, 2010

Madam Speaker, the member's point is well taken. It is the roll out. It is one thing to have a piece of legislation. The other is to have a piece of legislation that is operable and efficient.

I can give one example. At the finance committee today we had the finance minister and his officials before us on the budget implementation act, the second bill. I asked them about the tax free savings accounts because in that bill there needs to be amendments dealing with deliberate overcontributions and prohibited investments. There were about five different amendments dealing with tax free savings accounts. If people put up to $5,000 a year in this account, the income they earn on it is not taxable. Real complex.

However, there are more amendments happening in Bill C-47 on tax free savings accounts than the legislation segment creating it.

I basically told the officials that they had not done their job. Where was the due diligence? Where was the consultation? Where was the anticipated question? Where was the roll out plan and how were we going to be sure that this thing worked, when we had anticipated all of the things that people would do, particularly some of these shrewd tax planners.

We do not seem to work smart. We work hard. We have jillions of people. I was told we had sign-offs at every level but not one of them contemplated what to do if there was an overcontribution. It is obscene.

Fighting Internet and Wireless Spam Act November 23rd, 2010

Madam Speaker, I want to address the Facebook issue.

I think the member answered his own question. We are in a dynamic situation, obviously, in a number of areas, and we have to be able to respond. That means we have to be one step ahead. We have to anticipate, as much as we can, but then we have to build the flexibility into our legislation to be able to respond to new technologies and new strategies.

Just on taxation, some of these tax experts are wizards and they can find weasel holes to get through almost anything. We have the experience, but we do not seem to take advantage of it.

I want to emphasize one other point, and that is that we seem to spend a lot of money punishing people, putting them in jail and dealing with problems after we have the problem. I remember that when I first started as a member of Parliament, I was on the health committee. The health people came in and said that 75% of what we spend on health care is to fix problems and only 25% is on prevention, and it is unsustainable. That is proving to be true.

I do not see prevention here. I do not see public education. As a matter of fact, the Privacy Commissioner who is responsible for PIPEDA, who is going to have a role in here, does not even have public education in her mandate, even though the committee I chaired asked for it. The Minister of Justice, responsible for the bill, said that he was perfectly happy with the act and that we do not need it.

We need to be smarter. We need to work smart not hard. Smart legislators will say we need public education to get people to be part of the solution, because if they are not they are going to be part of the problem.